Feb. 2, 2018

“In August 1983 [Manhattan Beach, Calif., police chief Harry] Kuhlmeyer was presented with the McMartin Preschool case. Therapists and medical doctors had identified dozens of McMartin children as sexual abuse victims. Raymond Buckey, the sole male teacher at the preschool owned by his grandmother Virginia McMartin, was the primary suspect….

“Parents demanded Buckey’s immediate arrest, but Kuhlmeyer refused. His detectives could find no corroborating evidence.

“ ‘Why hadn’t any of the suspects copped a plea, why no mea culpas, no suicides? No one got drunk and bared his soul. If everything the kids said happened, it looked like the perfect crime. Even the Mafia has snitches,’ Kuhlmeyer said.

“The Los Angeles County District Attorney’s office… drew up an arrest complaint about Buckey, but Kuhlmeyer refused to sign it. [The DA took the case to the grand jury, which routinely rubber stamps indictment requests.]

“Kuhlmeyer’s unpopular stance was vindicated seven years and $15 million in court costs later when two McMartin trials ended with no convictions.”

– From “Police chief during McMartin case refused to charge abuse suspects” by Kevin Cody in Easy Reader News (Jan. 31)

No such doubt, by either police or prosecutors, slowed the rush to put the Edenton Seven behind bars. The result, of course, was a disaster of McMartin dimensions.

Chief Kuhlmeyer died Jan. 12 in Santa Monica, Calif. He was 94.

Jan. 31, 2015

“ ‘You need to try to rectify whatever error you made,’ says Santa Clara County, California, Special Assistant District Attorney David Angel. ‘But it needs to really shift from this kind of highly moralistic, punitive view. Maybe it’s a cause for embarrassment, but it’s not a cause for shame.’

“He believes prosecutors have drawn the short straw in language, noting that defense attorneys who err are called ‘ineffective’ and judges are ‘reversed,’ while prosecutorial error alone is labeled ‘misconduct,’ with all the attendant negative connotations.

“Angel believes that most prosecutors are willing to admit to mistakes but that ‘people are very hesitant to admit to something that’s called “misconduct,” because it makes you feel like you did something morally wrong.’ ”

– From “Why can’t law enforcement admit their mistakes?” by Sue Russell at Pacific Standard (via Salon, Oct. 21, 2012)

The concept becomes trickier, however, the longer prosecutors cling to their fallacious and costly narratives. At some point – oh, let’s say 25 years later – might “mistakes” have toxified into “misconduct”?

June 20, 2012

“The Little Rascals case still remains the greatest travesty of justice I’ve ever been associated with or seen or even heard about… since like 1960.”

– Joe Cheshire, attorney for Bob and Betsy Kelly (Triangle Business Journal, 1998)

Aug. 17, 2014

“I’m not comfortable commenting on any of them at this point in time.”

– Lael Rubin, formerly the lead prosecutor in the McMartin Preschool case, declining to say whether she still thinks the defendants were guilty

 That’s not the only eyebrow-raiser in this recent 30-years-after piece by a Los Angeles TV station.

Rubin contends that “The strongest evidence, the physical evidence, the medical evidence, I think was very significant.” But Kevin Cody, who logged more hours in the courtroom than any other journalist, confirms my impression that the prosecution actually produced “zero medical evidence of abuse.”

Finally, Rubin credits the McMartin case with improvements in the interviewing of children: “The criminal justice system, interviewers and police, law enforcement are much more concerned about eliciting information from children, as opposed to giving them clues.”

This is disingenuous. Like John E. B. Myers, Kee MacFarlane  and Sylvia Gillotte – Rubin tips her hat to progress but refuses to take the logical next step: admitting the injustices issuing from those McMartin-style interrogations.